People v. Mena

Opinion

CORRIGAN, J.

When a trial court denies a defendant’s motion for a physical lineup and the defendant does not seek writ review of that ruling, is the defendant barred from raising the issue on postjudgment appeal? The Court of Appeal said yes, reasoning that a failure to challenge the ruling by writ undermines the purpose of the lineup right conferred under Evans v. Superior Court (1974) 11 Cal.3d 617 [114 Cal.Rptr. 121, 522 P.2d 681] (Evans) and prevents the reviewing court from fashioning relief if it finds error. Although writ review may be the more effective means of protecting a…